I’ve read that there is another option: the judge can order that a special prosecutor be assigned to take over the case. It is unusual, but then again, so is a slew of prosecutors resigning rather than sign the request for dismissal, which they know is improper.
The judge can rule that the reasons given by the current DoJ are not sufficient to simply wipe away the indictment, which was given by a Grand Jury. Yes, Grand Juries typically vote to indict, but in order to do that the prosecutor must at least show up with enough evidence to secure it.
Could the judge not also switch it to “With prejudice” so that they can’t bring the charges again? Wouldn’t be the best scenario because he would essentially get off scott free, but it would also prevent Trump from being able to hold the threat of future prosecution as blackmail
My understanding is that Trumps DOJ specifically filed it for dismissal without prejudice so they could retain the option to charge him again (Implicitly, to hold as blackmail over him)
I heard that is the most likely scenario, but I don’t know if I’d say it’s the “best” scenario. Call me old fashioned, but I prefer to see criminals prosecuted for their crimes.
The judge could do that, but that would be an admission that the underlying reasons for dropping the prosecution after getting the indictment were acceptable to the judge. Which he might not want to sign off on, if he doesn’t like what the prosecutors told him.
Well it also removes the power they have over him in the quid pro quo. If they can’t bring the case again, he no longer has to hold up his end of the deal, and so it forces the DOJ to make a statement of whether the case truly is not worth pursuing.
I’ve read that there is another option: the judge can order that a special prosecutor be assigned to take over the case. It is unusual, but then again, so is a slew of prosecutors resigning rather than sign the request for dismissal, which they know is improper.
The judge can rule that the reasons given by the current DoJ are not sufficient to simply wipe away the indictment, which was given by a Grand Jury. Yes, Grand Juries typically vote to indict, but in order to do that the prosecutor must at least show up with enough evidence to secure it.
Could the judge not also switch it to “With prejudice” so that they can’t bring the charges again? Wouldn’t be the best scenario because he would essentially get off scott free, but it would also prevent Trump from being able to hold the threat of future prosecution as blackmail
My understanding is that Trumps DOJ specifically filed it for dismissal without prejudice so they could retain the option to charge him again (Implicitly, to hold as blackmail over him)
I heard that is the most likely scenario, but I don’t know if I’d say it’s the “best” scenario. Call me old fashioned, but I prefer to see criminals prosecuted for their crimes.
The judge could do that, but that would be an admission that the underlying reasons for dropping the prosecution after getting the indictment were acceptable to the judge. Which he might not want to sign off on, if he doesn’t like what the prosecutors told him.
Well it also removes the power they have over him in the quid pro quo. If they can’t bring the case again, he no longer has to hold up his end of the deal, and so it forces the DOJ to make a statement of whether the case truly is not worth pursuing.
Judge Eileen Cannon rules. Who cares if it doesn’t make sense and has zero precedent behind it!